General Terms of Sale

SCHEMBERGER PHOTOGRAPHER S.à r.l.

S.à r.l. with a share capital of 12,000 EUR
Registered office at 10, An der Gruecht | L-6246 | Rippig
Trade Register Number: B264142
VAT Number: LU33753749
Phone: +352 691 672 039
Email: pascal@schemberger.lu

Article 1 Purpose

These general terms of sale create a legal agreement and apply to all orders and appointments made between the client and the photographer. The photographer reserves the right to modify these general terms at any time. By booking a session via the official website https://www.schemberger.lu, by Whatsapp/phone (+352 691 672 039), by email (pascal@schemberger.lu), or via the official Instagram/Facebook page (@schembergerphotographe), the client declares to have acknowledged these general terms.

Article 2 Appointment Scheduling

Appointments are scheduled via the official website, by phone, Whatsapp/phone, by email, or via the official Instagram/Facebook page. The session is blocked upon receiving the deposit (1/3 of the price) and must be validated by a contract signed by the client. In the absence of the deposit payment and receipt of the contract within 7 days following the contract’s dispatch by the photographer, the photographer frees the blocked slot.

Article 3 Client Obligation

The agreed time for the service is mandatory, and any delay by the clients can be deducted from the time previously agreed for the session. Beyond a 20-minute delay, the session will be canceled, and the deposit will not be refunded. Clients declare to be adults, to pose freely for photos, and where applicable, authorize photos of their children in the photographic style they wish. Children present during the photo sessions remain under the full responsibility of the parents. In case of material damage caused by the client or child or any other person present in the studio, they must be fully reimbursed.

Article 4 Rates and Payment Methods

The prices are those valid at the date of booking (mandatory validity). A 30% deposit will be required to validate a photo session. It can be paid by bank transfer (LU98 0099 7800 0113 1291) or Payconiq (+352 691 672 039) or PayPal (pascal@schemberger.lu). The balance will be paid by the client in cash or by Payconiq on the day of the service or 3 days in advance by bank transfer. Non-payment of the balance results in the cancellation of the photo delivery, without refund of the received deposit. The final delivery of the photos will only occur when the order is fully paid.

Article 5 Post-Processing

The photographer does not deliver raw photographs (in RAW format). The post-processing, just like the shooting, is unique to the photographer and is an integral part of their work, style, and artistic universe. The photographer is the only one to decide the post-processing they will apply. It is strictly forbidden to retouch the photos from the session with the photographer yourself, as their work will no longer be the same after modifications. Only the photographs processed by the photographer will be usable by both parties. The photographer is not responsible for any loss or damage to the digital files given to the client.

Article 6 Delivery

The photographer makes every effort to ensure the timely delivery of the photos (timeframe announced at the end of the shoot). A delay in delivery or execution cannot be invoked by the client to request contract termination, claim damages, or assert any other claim. The selected and retouched photos are sent to the client via a link to a private gallery accessible only by password. The delivery of digital files is in JPEG format (high resolution). Other files (RAW) are the property of the photographer and will not be handed over to the client under any circumstances.

Article 7 Duration of Storage

From their delivery to the client, the photographs are stored and archived under their full responsibility. The client is encouraged to back up the files on various media. The photographer is not responsible for any loss or damage to the digital files handed over to the client. The availability duration, after delivery, depends on the contract signed by the client.

Article 8 Session Cancellation

A cancellation cannot engage the photographer’s responsibility nor give rise to the payment of damages. In the case of a wedding service, the photographer commits to doing their utmost to find a replacement. It is reminded that in accordance with legal provisions, the deposit amount will not be refunded, except in cases of force majeure for the client.

Article 9 Refund

No refund request for the deposit will be accepted, regardless of the reason. The photographer cannot be held responsible for external events such as political, social, transportation strikes, economic or public health events or other events beyond their control (force majeure), and payments made will not be refunded.

Article 10 Image Rights

The photographer reserves the right to use the photographs they have taken for promotional purposes (website, social networks, exhibitions, …). The client must express their agreement or disagreement at the time of contract signing. In case of refusal, the client cannot refuse the use of photos where they are not recognizable. Similarly, any photo publicly published (internet, social networks, …) by the client can be used by the photographer.

Article 11 Gift Vouchers

Gift vouchers can be paid for by transfer, PayPal, Payconiq when ordering. The recipients of the gift voucher will have a one-year period to carry out the photo session. Gift vouchers are neither exchangeable nor refundable. If you receive a gift voucher, we set a date and you wish to cancel the session: no refund can be demanded. A 10-day period after payment receipt is necessary for the sending of gift vouchers. The voucher will be requested at the session, failing which the session will be canceled.

Article 12 Liability

12.1 Force Majeure and Illness

The photographer reserves the right to cancel a photographic service in the case of force majeure or illness. Such a cancellation cannot engage their liability nor give rise to the payment of damages of any kind.
They will propose a later session date if possible and will make every effort to make it so.

12.2 Technical Issue and Accident

In the event of a technical problem encountered by the photographer (computer failure, equipment change, loss or theft), the date of image delivery may be postponed.

12.3 Atmospheric Conditions

In the case of adverse atmospheric conditions such as storms, heavy rain, etc., the photographer cannot be held responsible for the non-execution or partial execution of the originally planned outdoor services at the time of the order. No refund will be made, and the session will be postponed to a later date.

ARTICLE 13 PERSONAL DATA

The personal information collected when placing an order is exclusively intended to manage the clientele and especially to monitor reservations to ensure the proper realization of the ordered service. The photographer commits not to disclose this information to third parties for any reason.

ARTICLE 15 APPLICABLE LAW

The contractual relations between the parties to which these general terms apply are governed exclusively by Luxembourgish law. Any dispute relating to the formation, execution, or interpretation of these general terms and all agreements to which they apply will, in the absence of an amicable agreement, be subject exclusively to the jurisdiction of the French courts. Any complaint or contestation must be sent by registered letter with acknowledgment of receipt within eight days of the service. After this period, no dispute can be accepted.